Stolen cars brought from Japan: SC grants stay against Customs Tribunal’s verdict

ISLAMABAD: The Supreme Court Tuesday granted stay against the Custom Appellate Tribunal verdict to release stolen cars brought from Japan without custom clearance.

The Customs Appellate Court had ordered the release of vehicles after payment of fine. The Lahore High Court (LHC) had upheld the decision of the customs appellate tribunal. A three-judge bench headed by Justice Umar Ata Bandial heard an appeal regarding 14 stolen cars from Japan without custom clearance. The bench issued notices to the respondents on the appeal of a Customs Collector.

Zafar Iqbal, representing Customs Collectors, had challenged the LHC verdict.

He informed that the contempt of court proceedings were also continuing on the decision of the Customs Court.

He said as per the law confiscation of stolen goods was final.

During the proceedings, Justice Qazi Muhammad Amin inquired what the evidence was with the Customs Department that those vehicles were stolen.

He informed that in 2017 luxury vehicles were imported from Japan.

The locks of all the vehicles from driving side doors were broken, and the owners could not provide the original keys of the cars.

He told, suspecting that, the department wrote to the Japanese Consulate in Pakistan, which through an email confirmed that the vehicles brought in Pakistan were stolen.

Justice Bandial said the Consulate’s email also mentioned about the contacting Pakistan police through Interpol.

The counsel said when the department had taken the vehicles in their custody then the importers challenged the decision in the Customs Appellate Tribunal.

The tribunal and the LHC gave verdicts in favour of the importers.

The Supreme Court stayed the execution of the decision of the Customs Court, and adjourned further hearing till date in office.

Luxury vehicles – Land Cruisers – were stolen from Japan and imported to Karachi on September 30, 2017 and were brought to the container freight station at Thokar Niaz Baig, Lahore through a transshipment permit.

A six-member team led by Additional Collector Customs examined these vehicles, and during the examination, pointed out that the front doors of some vehicles were broken and their keys were duplicated.

Similarly, Customs Japan has verified that the luxury vehicles were in fact, stolen from their country, sources said, adding that no FIR has been registered.

According to the Customs department, these luxury vehicles were imported in violation of section 32, 16 of the Customs Act and import policy.

Furthermore, registration of FIR under Customs Act section 2 S is a requirement in case of fraud and submission of fake documents, which was not adhered to in this case.

Copyright Business Recorder, 2020